Khandelwal Construction Company v. Principal Commissioner Of Income Tax -17, Mumbai And 4 ORS

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 28th July, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/352/2025 in WPL/14395/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Aanchal Vyas i/b. Dharan Gandhi, Advocate for the applicant.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 25.03.2025, rejecting captioned Petition under O.S.Rule 986 for non-removal of office objections.

Ld. Advocate for the applicant submits that respondents were served with the Chamber Order as per Affidavit of Service dated 24.07.2025, filed on record. Despite service, none appeared for the respondents.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is contended that office objections were removed and compliance letter was also given. It is also contended that due to technical error captioned Petition might have been dismissed. Further, it is contended that the petitioner was out of station, therefore, delay of 36 days caused in filing present Chamber Order, which may be condoned and captioned Petition may be restored to file.

Considering grounds mentioned on oath, I am of the view that the applicant had made an attempts to remove office objections.

Therefore, substantial justice cannot be denied on technical grounds. The respondents choose to remain absent despite service. No prejudice would cause to the respondents if captioned Petition is restored to file since they would get opportunity to contest the Petition on its own merits. However, it would be just and proper to impose some cost on the applicant so that the applicant would be more diligent in

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 28th July, 2025 contd....

CHOL/352/2025 in WPL/14395/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) pursuing captioned Petition. Hence, in the interest of justice, delay of 36 days caused in filing present Chamber Order is condoned and present Chamber Order is granted as prayed subject to payment of cost of Rs. 2,500/- 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE : BKID0000001. Chamber Order is signed separately.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within two weeks from the date of payment of cost, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 28.07.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.07.28 17:50:28 +0530 RAJEEV VIJAY ACHARYA